LAW5608 - Transnational litigation - 2017

This unit compares rules of private international law of different jurisdictions. Private international law (or conflict of laws) is the body of rules applying to civil disputes with an international element. These are the rules on when a court is to assume jurisdiction, when a foreign judgment is to be recognised, and which law is to be applied to a dispute. Private international law is domestic law. Focusing on commercial disputes, this unit compares the private international law of Australia, Canada, the European Union, the UK and the US. This unit investigates case law, domestic legislation and regulations of the European Union, namely the Brussels I Regulation, the Rome I Regulation and the Rome II Regulation.

On completion of this subject, students will be able to:

• apply knowledge and understanding of issues of private international law in commercial disputes involving a foreign element raises, and what those issues are, with creativity and initiative to new situations for further learning;
• investigate, analyse and synthesise complex information, problems, concepts and theories in relation to how those issues would be addressed by a court in Australia, Canada, the European Union and the US;
• conduct research into the theoretical and policy considerations underpinning the private international law of Australia, Canada, the European Union and the US, based on knowledge of appropriate research principles and methods; and
• use cognitive, technical and creative skills to generate and evaluate complex ideas and concepts relating to private international law and make suggestions for law reform.

One essay (4500 words): 60%

Outline of Argument (1800 words): 24%

Reasons for Judgment (1200 words): 16%

36 contact hours per teaching period (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)

Associate Professor Normann Witzleb Research ProfileResearch Profile (http://monash.edu/research/people/profiles/profile.html?sid=13449&pid=4408)

LAW5003 or equivalent